Nitin Onkar Ahire v. The State Of Maharashtra

Rekha Patil 1 913-ABA-2411-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2411 OF 2019 Nitin Onkar Ahire ...

Applicant V/s State of Maharashtra ...

Respondent Mr. Kuldeep S. Patil, for the Applicant.

Mr. S.H. Yadav, APP for State-Respondent.

Mr. Girase, API attached to Vashi Police Station present. CORAM : PRAKASH D. NAIK, J.

DATE : 7th November, 2019 PC :

This is an application for anticipatory bail in CR No. I327 of 2019, registered with Vashi Police Station, DistrictThane, for the ofences punishable under Section 420 r/w 34 of Indian Penal Code ("IPC", for short).

The frst information report was registered with aforesaid police station on 30th September, 2019. The case of the prosecution is that the accused had accepted an amount of Rs.3,60,000/- from the complainant and also introduced the complainant and witnesses to pay the sum of Rs.9,65,000/- on the assurance that they should be

Rekha Patil 2 913-ABA-2411-2019.doc provided Government jobs. The accused also forwarded forged appointment letters. The applicant had preferred anticipatory bail application before the Sessions Court, Thane, which was rejected vide order dated 19th October, 2019. From the order of Sessions Court, it is apparent that the role attributed to applicant is that he had assured the witnesses that absconding accused is having Rs. 2 crores in his account and he would return the money and asked them not to make phone call to him and lodge the complaint against him. Learned APP, on instructions from the oficer, who is present in the Court, submitted that the role of the applicant is limited to the aforesaid aspect. It is also submitted that the applicant has knowledge about the whereabouts of absconding accused. In the aforesaid circumstances, the applicant cannot be subjected to custody and on certain terms and conditions, the relief sought in this application can be granted to him. Hence, the order as follows:-

ORDER

(i) Anticipatory Bail Application No. 2411 of 2019 is allowed.

(ii) In the event of arrest in connection with CR No. I-327 of 2019 registered with Vashi Police

Rekha Patil 3 913-ABA-2411-2019.doc Station, the applicant may be released on bail on his executing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;

(iii) The applicant shall report Investigating Oficer as and when called for, till fling of the chargesheet. (iv) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)